The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-07-08
TAXPAYER and OFFICIAL.
RESPONSIBILITY OF Ex'0Ffi'
GALS FOR DERELICTIONS.
Suit Brought In the Davidson COM.
ty Chaucery Court to Recover
County Money.


Reid filed two important bills in the
Cbancery Court today sgainst II. II.
Wilkinson, ex.Criminal Court clerk,
and W. H. Washington, ex'Attorney
General, to recover moneys alleged to
have been collected illegally by them
during their term of office.
The bill against Wilkinson is en-.
titled:
The State OF Tennessee for the use
of Davidson county on the relation Of
Frank I. Reid, q citizen ssd taxpayer
Of said county and State, vs.. H. II.
wilkinson, D. II. Bailey, John Over.
ton, executor Of the estate OF F. M.
Woodall, dec, ased, and L, II. Davis.
The relator in his bill sets up the
fact that defendant Wilkinson was
elected Criminal Court clerk In 1882 and
continued to serve as such clerk for
term Of four years. Before entering
upon the duties Of such Office he exs.
cuted two bonds, one for SIC. 900 and
one for $4,000, defendants Bailey and
Davis becoming security on both, and
at a later date f. M. Woodall was cub
stiluted on both bonds instead Of dc.
PENDANT Davis. The $4,000 bond was
conditioned 10 account for and pay
over all moneys collected as taxes on
suits, fines and forfeitures.
The $4,000 bond was for the faith
ful performances OF duties and cafe
keeping Of records.
The bill continues as follows: "Your
relator now charges that the said Will
kinaon, during hrs said term OF office
ard since at different times and in diff
ierent amounts, by virtue OF his said
office, received and collected from the
agents and officers OF Davidson conn
Nv, in violation Of law, large sum Of
money, to.wit: s., belonging to s1d
the property Of said county"
The Legislature OF Tennessee in
1859 90 enacted this statute: when
a defendant is indicted for more than
one of ,nse Of the SAM class or grade
at the came tenn OF the court, the
clerk shall tissue but one capias TO the
same county, which email specify on
ia face the number OF cases for which
the defendant OF defendants are In.
dicted at that term Of the court, Of the
same grade or class, and the sheriff or
other officers arreOtine the defendant
or defendants shall, II bail be given,
take bond in a sum b. flic'en; 70 cover
all the cases mentioned In the cspias,
and II tho county shall have the cost
10 pay there ehall be no fees trxsd
against the county for the several Of.
ficers and clerks, but as OF one cost,
but II the defendant pays the costs the
court may order full costs to the seve.
raj ofIicers az II separate process had
been issued aud served throughout"
(New cod, b932.
"Yuur rela'or charges that during
defendant Wilkinton's said term oil
Office this statute was systematlcall y
disregarded and violated by him and
large sums OF money collected from
Davidson county by him 10 which he
WAS not entitled by law.
40 illustrate, your relator shove
your honor that a, the May term
1884 OF the Criminal Court OF David.
son county, presentments or indict.
ments in eleven cssss were found
against James +. Turner for tipping
In the receipt executed by defendant
wilkinson Il appears that his fees Ia
one of theee cases amounted 10 SO IS
and this sum In then multiplied by
eleven, that being the said number o.
cases against the said Turner, making
f74 2b, and this after sum, In haaranr
violation Of the statute above quoted
was paid 10 eaid wilkinson out 81
funds belonging to said David
con county. The eleven Gaze,
above referred 10 were al dis
misted and the costs 10 be pait
nv the county. BY law the county
In said cases could only be taxed with
t6 70 In favor OF the said Wilkinson
for the costs due him In all said clever
cases, and yet he succeeded In viola
ton OF law In securing from the coun
" s7425, or f67 30 more than he wa
, entitled TO receive"
Tie bill gives a number Of simila
instances OF moneys collected.
"Your relator recites these Ia
stances only for tho purpCse OF ems
. bling Your Honor 10 zee clearly tn
, character Of the claim II present
a.ainst the defendant. The cases n
ferrtd 10 are only very few u groa
. number at svery term Of the court q
] which he was clerk The defendant
3 wilkinson, during his official teri
n collected large sums OF money iron
a tho county OF Davidson on warrant
o drawn by the county Judge, In violI
! ton Of the law, for fees thai he va
= not entitled 10 receive AMI that he WI
a .Inreesly forbidden by law 10 receiy,
a and 70 recover these Gums 90 wronJ
q fully received this suit Ia instituted.
o "Your relator now states 10 you
a honor that he In q citizen and taxpay,
I. of Davidson county, Tenn, and, I
"A such, Ia interested In having N
4 money 90 wrongiully collected by cal
4 wilkinson from taid county 40 afon
!. said recovered and returned 10 N
M county. More than year ago yot
n relator published 10 the people
Davidson county the TACT that sec 10
1892 Of the code had been syttemsti
~ ally violated by the said Wilkinso
y while clerk Of the Criminal Court, ar
r by many other county officials who
duty II was 10 see Il faithfully ex
!, culed, and the present county oilicia
u. are and have been from that time
oil this fully acquainted with the lac
d. stated Ia this bill, and yet no ste
a. have been taken by them, a. your :
:, lator believes. except under oompr
!" sion by which they are aiiecie
~ Wherefore your relator brings N
I'd bill Of comp aint.'
" After this comes the pray Of the |
b. for a reference 10 the clerk and mast
We 10 take and state an account with d
20 fsndant wilkinson and for deer
az against him for such amount a. m
Iy be found due by him 10 Daylds'
~ county. The bill is sworn 10 by Frat